Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002079317C070215
Original file (2002079317C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 24 October 2002
         DOCKET NUMBER: AR2002079317


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr. Chairperson
Ms. Barbara J. Ellis Member
Ms. Karen A. Heinz Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests that he be awarded the Purple Heart (PH).

3. The applicant states that he has a statement from the medic who treated him which verifies that he was wounded.

4. In support of his application he submits a statement from the medic assigned to his company. The medic states that the applicant’s hand was cut by a shell ejected from a machine gun. The medic continues that he cut away the flesh hanging from the cut, bandaged the cut, and the applicant was returned to duty.

5. The applicant’s military records show that he enlisted in the Regular Army on 6 June 1950, was awarded the military occupational specialty of light vehicle driver, served in the Korean War, and was promoted to pay grade E-4. On 18 December 1953, he immediately reenlisted and served continuously until his honorable discharge in pay grade E-4 at the expiration of his term of service on 18 December 1959. His separation document shows that he was awarded the United Nations Service Medal, the Combat Infantryman Badge, the Korean Service Medal with 4 bronze service stars, the Good Conduct Medal, the Army of Occupation Medal with Germany Clasp, the National Defense Service Medal, the Bravery Gold Medal of Greece, and marksmanship qualification badges. Item 29 of the applicant’s first separation document, and Item 27 of his second separation document, Wounds Received As A Result Of Action With Enemy Forces, have “None” entered.

6. In a prior request submitted by the applicant to the Board concerning other issues, he submitted statements from soldiers who were assigned with him which shows that he served in Korea from 2 November 1950 to 2 November 1951.

7. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

8. A health record research project, commonly referred to as the "SGO Files", involved transposing the hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape. In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC). Searches of these files fail to show that the applicant was wounded or injured as a result of enemy action.

CONCLUSIONS:

1. The statement from the medic who treated the applicant places his wound during the time which he served in Korea, as established by the statements submitted with the applicant's prior application to the Board. As such, the medic's statement is accepted as evidence that he was wounded as a result of hostile action and that he was treated by a medical officer. The Board also accepts this statement as fulfilling the requirement of having the medical treatment made a matter of official record (the regulation does not specify a time limit to make the treatment a matter of official record).

2. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the PH for wounds he sustained in Korea.

BOARD VOTE:

___bje __ ___kah__ ___rvo __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ________Raymond V. O'Connor, Jr.______
                  CHAIRPERSON




INDEX

CASE ID AR2002079317
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20021024
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2002 | 2002072634C070403

    Original file (2002072634C070403.rtf) Auto-classification: Approved

    The applicant requests that the Purple Heart be included in his records. When the Department of the Air Force authorizes the Korean War Service Medal, the applicant may apply to the Army Board for Correction of Military Records to add this foreign unit award to his DD Form 214. The Board also notes that the applicant’s service in Korea during the Korean Conflict entitles him to receive the Korean War Service Medal; however, the applicant must apply to the Department of the Air Force to be...

  • ARMY | BCMR | CY2001 | 2001057448C070420

    Original file (2001057448C070420.rtf) Auto-classification: Approved

    The applicant requests that the records of her late husband, a former service member (FSM), be corrected to show that he was awarded the Purple Heart (PH). The preponderance of the evidence shows the FSM received a shrapnel wound to the abdomen in May 1952 and his wound was treated and documented by medical personnel; therefore, his records should be corrected to show award of the PH. That all of the Department of the Army records related to this case be corrected by showing the FSM was...

  • ARMY | BCMR | CY2002 | 2002083042C070215

    Original file (2002083042C070215.rtf) Auto-classification: Approved

    The applicant requests that his records be corrected to show that he is entitled to award of the Purple Heart (PH) Medal for a wound suffered on 30 November 1950 during the Korean War. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214. Based on the documentation provided by the applicant and the information contained on the Korean...

  • ARMY | BCMR | CY2003 | 2003086616C070212

    Original file (2003086616C070212.rtf) Auto-classification: Approved

    In support of his application he submits his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), an honorable discharge certificate and a letter from the National Records Personnel Center which states in effect, that his records were destroyed or lost during the fire of 1973. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign...

  • ARMY | BCMR | CY2008 | 20080008722

    Original file (20080008722.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). This regulation also provides for the award of the National Defense Service Medal (NDSM) for members of the U.S. Armed Forces serving on active duty during the same period established for the award of the UNSM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the PH, the UNSM, the NDSM, and the ROK-KWSM.

  • ARMY | BCMR | CY2003 | 2003091786C070212

    Original file (2003091786C070212.rtf) Auto-classification: Approved

    Once the Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board For Correction of Military Records to have it added to his DD Form 214. Therefore, the evidence presented was sufficient to excuse failure to timely file and to warrant a recommendation for relief by awarding the applicant the Purple Heart for wounds received on 10 January 1951. As a result, the Board recommends that all Department of the Army records of the...

  • ARMY | BCMR | CY2002 | 2002074188C070403

    Original file (2002074188C070403.rtf) Auto-classification: Approved

    Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214. The applicant is entitled to the PH for wounds he sustained during the Korean War. a. awarding to the individual concerned the PH for wounds he sustained in Korea; and

  • ARMY | BCMR | CY2011 | 20110015585

    Original file (20110015585.txt) Auto-classification: Approved

    The applicant's DD Form 214 shows he was released from active duty on 15 October 1951 with 4 years and 18 days of creditable service and provides the following at: a. item 28, foreign service for a period of 2 years, 10 months and 17 days; b. item 29, award of the Army of Occupation Medal with Japan Clasp, Combat Infantryman Badge, and the Purple Heart; and c. item 30, he received a bullet wound to the left knee on 28 November 1950 at Chinju Reservoir, Korea. In 1988 the National Research...

  • ARMY | BCMR | CY2010 | 20100027534

    Original file (20100027534.txt) Auto-classification: Approved

    Section 14 (Service Outside Continental United States) of his WD AGO 24A (Service Record) shows he left Japan on 12 July and arrived in Korea on 13 July 1950 and left Korea for Japan on 27 September 1950. Army Regulation 600-8-22 states the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953. As a result, the Board recommends that all Department of the Army records of the...

  • ARMY | BCMR | CY2011 | 20110021496

    Original file (20110021496.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart for wounds received in the Republic of Korea (ROK). A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart for wounds received in the ROK.